Community Development Department
Reference: ASSIGNMENT OF THE CITY OF BRIGHTON'S RIGHT OF FIRST REFUSAL AND RIGHT OF FIRST OFFER TO PURCHASE MULTIFAMILY HOUSING
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Shawn Weiman, Affordable Housing Coordinator
Date Prepared: December 4, 2025
PURPOSE
To present a resolution authorizing the City Manager to enter into an Intergovernmental Agreement with the Brighton Housing Authority (BHA) assigning the City's right of first refusal and right of first offer to purchase qualifying multi-unit property.
BACKGROUND
House Bill 24-1175 grants local governments the right of first refusal and the right of first offer to purchase qualifying multi-unit property located within the local government's jurisdiction for the purpose of providing long-term affordable or mixed-income housing. The bill gives local governments the option to assign those rights to the local housing authority, if one exists in the municipality's jurisdiction.
The bill's corresponding legislation has two parts: A right of first refusal by which a jurisdiction or assignee has the right to purchase existing affordable housing, and a right of first offer that provides the right to purchase non-affordable housing prior to it being listed for sale with the provision that it be converted to affordable housing.
STAFF ANALYSIS & RECOMMENDATION
The City does not currently own or operate affordable housing developments and does not foresee providing these services in the future. The City would likely waive its rights to purchase the for-sale properties and, therefore, desires to assign its rights to the BHA.
If agreed to, the assignment will fully assign the City's rights as described in the act to the BHA, and the BHA will be required to comply with the applicable provisions of the right of first refusal and right of first offer that includes adhering to timelines and reporting requirements upon receiv...
Click here for full text